International Law Commons^™

Responsibility To Protect (R2p), The Responsibility Of The International Community To Protect Syrian Citizens, Ghuna Bdiwi

LLM Theses

The responsibility to protect (R2P) doctrine allows the international community to intervene for humanitarian purposes in events of massive violations of human rights. However, the legality of humanitarian intervention has received considerable critical attention because of its direct conflict with two fundamental norms in international law: the prohibition of the use of force, and the principle of state sovereignty. In Syria, mass atrocity crimes are escalating on a daily basis. Until now, international efforts have failed to find a peaceful formula to stop the crisis. International law allows the Security Council to authorize humanitarian intervention under the power of Chapter …

Foreign Investments And The Market For Law, Erin O'Hara O'Connor, Susan D. Franck

Scholarly Articles

In this Article, Professors O’Hara O’Connor and Franck adapt and extend Larry Ribstein’s positive framework for analyzing the role of jurisdictional competition in the law market. Specifically, the authors provide an institutional framework focused on interest group representation that can be used to balance the tensions underlying foreign investment law, including the desire to compete to attract investments and countervailing preferences to retain domestic policymaking discretion. The framework has implications for the respective roles of BITs and investment contracts as well as the inclusion and interpretation of various foreign investment provisions.

The Santissima Trinidad: The Role Of Baltimore's Privateers With The Independence Of The United Provinces, Shannon Price

Legal History Publications

After the War of 1812, the maritime industry began to decline and merchants and mariners began serving as privateers for Latin American colonies ceding from Spain. This paper examines the Supreme Court decision in an action filed on behalf of the Spanish government seeking restitution for cargo seized from a Spanish vessel, the Santissima Trinidad, on the high seas by the Independencia Del Sud, a public vessel of Buenos Ayres. The Court holds that jurisdiction exists for neutrality violations as the goods were landed at Norfolk, Virginia and the public vessel had an illegal augmentation of force in a U.S. …

Immigration Separation Of Powers And The President's Power To Preempt, Catherine Y. Kim

Notre Dame Law Review

This Article explores the unique separation of powers issues raised in the immigration context, focusing on the respective powers of Congress and the President to preempt state law. Pursuant to traditional understanding, Congress and only Congress is constitutionally vested with the authority to displace conflicting state laws. Outside of the immigration context, the Supreme Court nonetheless has invoked competing theories of executive power to justify extending preemptive effect to administrative decisions. At the same time, however, it has imposed significant doctrinal restrictions on its exercise. In its recent decision in Arizona v. United States, the Court departed from these existing …

Development Through Trade Disputes: Building A Reputation Using The World Trade Organization's Dispute Settlement System, Jason L. Holliday

West Virginia Law Review

No abstract provided.

Outcome Report Of Roundtable On Human Rights Impact Assessments (Hrias) Of Large-Scale Foreign Investments, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

CCSI, the Sciences Po Law School Clinic, and the Columbia Law School Human Rights Institute recently published an outcome document of a one-day roundtable focused on the opportunities and challenges presented by human rights impact assessments (HRIAs) of large-scale foreign investments. The roundtable, which was held in April 2014 at Columbia University, provided an opportunity for collaborative reflection on the development of HRIAs, as well as on ways to enhance HRIAs as a framework and tool for both human rights advocacy and human rights risk management in respect of foreign investments.

By sharing the outcomes of the roundtable, this document …

Orchestrating Under Uncertainty: The Organization Of Sustainable Development At The United Nations, Philip A. Sandick

William & Mary Environmental Law and Policy Review

No abstract provided.

Making Agricultural Investments Work For Land Users & Communities, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

Earlier this year, Liberian President Ellen Johnson Sirleaf made an unexpected commitment related to foreign investment in land and community land rights. In a meeting with communities who had raised concerns regarding a British company’s attempts to expand its palm oil production onto their customary land, the President effectively told those communities that they would have the right to say yes or no to further expansion, noting that the company could expand only with the affected communities’ approval.

Rethinking Ddt: The Misguided Goals Of The Stockholm Convention On Persistent Organic Pollutants And A Plan To Fight Malaria Worldwide, Eva Zelson

William & Mary Environmental Law and Policy Review

No abstract provided.

Specially Invited Opinions And Research Report Of The International Water Law Project: Global Perspectives On The Entry Into Force Of The Un Watercourses Convention 2014: Part One, Gabriel Eckstein, Salman M.A. Salman, Dinara Ziganshina, Kishor Uprety, Götz Reichert

Faculty Scholarship

This is the first part of a two-part research report on opinions of prominent international water lawyers from each continent on the potential impacts of the 1997 UN Convention on Non-Navigational Uses of International Watercourses. The second part of the report was published in Water Policy 17(1).

The following compilation is reproduced and adapted from a series of essays that appeared in the blog of the International Water Law Project (www.internationalwaterlaw.org). The series was solicited in preparation for the coming into force of the 1997 UN Convention on the Non-navigational Uses of International Watercourses. The Convention had been pending for …

Proceedings Report: The 4th Asia Pacific Journal Of Private International Law Colloquium, Man Yip

Research Collection Yong Pung How School Of Law

The 4th Asia Pacific Journal of Private International Law Colloquium, a biennial event, was held at the Singapore Management University on 28 November 2014 and convened by Associate Professor Adeline Chong. The one-day proceedings boasted a strong programme and facilitated discussions between private international law specialists from both civilian and common law jurisdictions.

Protecting Human Rights During Emergencies: Delegation, Derogation, And Deference, Evan J. Criddle

Faculty Publications

Leading human rights treaties permit states as a temporary measure to suspend a variety of human rights guarantees during national crises. This chapter argues that human rights derogation is best justified as a temporary mechanism for empowering states to protect human rights, rather than as a device for enabling national authorities to advance their own interests in a manner that compromises human rights protection. Human rights treaties use broad legal standards to entrust states with responsibility for deciding what measures are best calculated to maximize human right protection during emergencies. For this delegation of authority to operate effectively, international tribunals …

Trespass Vi Et Armis, Jonathan Rohr

Cardozo Law Review

No abstract provided.

Human Rights In The World Community: Issues And Action. Eds. Richard Pierre Claude And Burns H. Weston. Philadelphia, Pennsylvania: University Of Pennsylvania Press, 1989. Pp. 376., Ranee K. L. Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.

Transborder Abductions By American Bounty Hunters - The Jaffe Case And A New Understanding Between The United States And Canada, Kristofer R. Schleicher

Georgia Journal of International & Comparative Law

No abstract provided.

European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa

Georgia Journal of International & Comparative Law

No abstract provided.

Keynote Address: Proposals For The Future, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.

Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

The Inter-American System For The Promotion And Protection Of Human Rights, David J. Padilla

Georgia Journal of International & Comparative Law

No abstract provided.

The European System For The Promotion And Protection Of Human Rights, Neri Sybesma-Knol

Georgia Journal of International & Comparative Law

No abstract provided.

The United Nations System For The Protection Of Human Rights, Larry Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

Panel Iii--Universal And Regional Human Rights Systems And The Potential For United States Accession To The American Convention On Human Rights, Gabriel Wilner

Georgia Journal of International & Comparative Law

No abstract provided.

Panel Ii--General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture, David Stewart

Georgia Journal of International & Comparative Law

No abstract provided.

The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights, Winston P. Nagan

Georgia Journal of International & Comparative Law

No abstract provided.

The Potential For The United States Joining The Covenant Family, Alfred De Zayas

Georgia Journal of International & Comparative Law

No abstract provided.

Panel I-- General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

United States Ratification Of The United Nations Covenants, Richard B. Lillich

Georgia Journal of International & Comparative Law

No abstract provided.

The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab

Georgia Journal of International & Comparative Law

No abstract provided.

United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.